Legal separation in Ontario does not require formal court filing, but documenting your separation date is important

In Ontario, you do not need to file any legal paperwork to be considered separated from your spouse. Separation occurs when you and your spouse begin living “separate and apart” with the intention to end the relationship. However, creating a formal separation agreement is highly recommended to protect both parties’ interests.

A well-documented separation should include:

• Written record of your official separation date
• A detailed separation agreement outlining arrangements for:
  • Child custody and support
  • Property division
  • Spousal support
  • Debt responsibilities
• Documentation of any changes to living arrangements

While you can separate while living under the same roof, you must demonstrate that you’re living separate lives. This separation period becomes important if you later decide to file for divorce, as Ontario requires a minimum 12-month separation period before granting a divorce.